In French Polynesia, the Warsaw Convention is applicable according to the Articles L.321-3 and L.322-3 of the Civil Aviation Code, which governs the Carrier's liability even when the transport is not international as per the definition within this Convention. The Warsaw Convention governs and may limit the liability of Carriers for death or bodily injury and respect in case of loss of or damage to Baggage.
Wishing to improve the Passenger rights and to allow for better compensation of prejudices that could be suffered in case of an accident occurring during an air Carriage, Air Tahiti has decided to incorporate into its conditions of transport some clauses of the Regulation applicable to air Carriage as when operated within the European Union, aiming to remove compensation limits for prejudices suffered in such situations, except for the cases cited by said regulation. This regulation has for effect to substitute to aforesaid Warsaw Convention some of the European rules texts referenced CE 2027/97 and CE 889/2002 summarized by the memo appended to European rule CE 889/2002, as far as they relate to death and bodily injuries to Passengers.
NOTICE : Carrier reserves the right to refuse Carriage to any person who has acquired a Ticket in violation of applicable law or Carrier's tariffs, rules or regulations.
Notice:Carriage and other services provided by the Carrier are subject to conditions of Carriage, which are hereby incorporated by reference . These conditions may be obtained from the issuing Carrier.
Formalities: The Passenger should carry all necessary documents for the travel (in case of any doubt, please refer to your travel Agent / AIR TAHITI selling offices.
The present information memo summarizes the rules of liability applied by Air Carriers as required by the European Union legislation and Montreal Convention.
Compensation in case of death or injury
There is no financial limit to the liability for Passenger injury or death. For Damages up to 100.000 SDRs (approximately equivalent to 100.000 Euros),no exception to its liability can be put forward by the Air Carrier, unless resulting from a Passenger’s fault. Passenger has to only bring the evidence of the suffered prejudice Above that amount, the air Carrier can defend itself against a claim only by providing the evidence that it was not negligent or otherwise at fault.
In the unlikely event that a Passenger is killed or injured, the air Carrier must make an advance payment, to cover immediate economics needs, within 15 days from identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16.000 SDRs (approximate equivalent to 16.000 Euros).
Liability of contracting and actual Carriers
If case that the air Carrier actually performing the Flight is not the same as the contracting air Carrier, the Passenger has the right to address a complaint or to make a claim for Damages against either Carriers. If the name or Code of an air Carrier is indicated on the Ticket, that air Carrier is the contracting Carrier.
Limited period of time for action
Any court action to claim for Damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.
Sources for information on above mentioned regulation
Above mentioned rules are based upon the Montréal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) N) 2027/97 (as amended by Regulation (EC) N°889/2002) and national legislation of the Member States.
Liability for loss or Damage to Baggage is limited unless a higher value is declared in advance and additional charges are paid. For most international travel (including domestic portions of international journeys), the liability limit is approximately US $ 9.07 per pound (US $ 20 per kilo) for Checked Baggage and US $ 400 per Passenger for Unchecked Baggage. Excess valuation may be declared on certain types of Articles. Some Carriers assume no liability for fragile, valuable or perishable articles. Further information may be obtained from the Carrier.
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The price of this Ticket may include taxes and fees which are imposed on air transportation by government authorities. These taxes and fees, which may represent a significant portion of the cost of air travel, are either included in the Fare, or shown separately in the « TAX » section of this Ticket. You may also be required to pay taxes or fees that have not been already collected.
On Air Tahiti Flights, an important number of customers book and cancel their Reservations. On the other hand, a certain number of customers make Reservations but do not show for the Flight. Therefore, in order to take into account all these circumstances and offer better availability on its Flights, Air Tahiti sometimes overbooks its Flights.
Air Tahiti strives to honour all the bookings made on its Flights but there is slight risk of not boarding that exists.
In this case and provided :
Air Tahiti will give you a financial compensation immediately. Please feel free to contact us for any additional information.
Notice of Ticket
We will provide Carriage only to the Passengers named on the Ticket. Passenger must provide positive identification. From this matter, ID document is mandatory at check-in and during all the travel.
In case of loss of Ticket or mutilation of Ticket, you will be required to pay up the applicable Ticket price for a replacement Ticket and establish a lost declaration Ticket.
At the end of validity of the Ticket, one year after issuance, you will be able to request from Air Tahiti the reimbursement of the lost Ticket, unless this lost Ticket has been used in any way by anyone.
Notice of refund Ticket
This reimbursement will be processed according to the Fare conditions: full, partial or non-refundable. Services charges apply. If you have not checked-in on the Flight and have not cancelled your Reservation, a no-show penalty will be charged.
A person who has a confirmed booking and do not show for the Flight is called a no-show.
If you know that you will not be able to travel on the Flight your are booked on, please call us as soon as possible, you will avoid the no-show fees.
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